Terms of Use

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Updated September 24, 2013

See related: NPR Labs Privacy Policy

Introduction; Consent to Terms

Please read these NPR Labs Terms of Use before using the website of NPR Labs, www.nprlabs.org, any other NPR Labs website, any NPR Labs applications, services or products, or any features of these websites, applications, services or products, including but not limited to the NPR Labs Connect area of the website (collectively the “Site”).  National Public Radio, Inc. (“NPR”) is making the Site available to you under these Terms of Use.  By using the Site in any way, including merely browsing, you agree to be bound by these Terms of Use and the NPR Labs Privacy Policy.  If you do not agree to be bound by these Terms of Use and the NPR Labs Privacy Policy, please exit the Site and do not use the website or any of its features.  We reserve the right, at our discretion, to change these Terms of Use at any time by posting updated Terms of Use or an updated Privacy Policy on the Site.  Please check these Terms of Use and the NPR Labs Privacy Policy frequently for updates.  Any changes will be effective immediately upon posting.  Your continued use of the Site following the posting of updated Terms of Use will mean that you agree to those changes.

Additional terms and conditions the rules for accessing or using any content or materials available through NPR Labs Connect may apply to your use of particular areas of the Site.  We will post any additional terms and conditions on the Site or present them to you for acceptance when you first register for or log in to those areas.  If there is any conflict between those additional terms and conditions and these Terms of Use, the additional terms and conditions will take precedence over these Terms of Use.

Please note that these Terms of Use and the NPR Labs Privacy Policy are separate and distinct from the terms of use and privacy policies governing the websites, applications, services and products of NPR and other sites, applications, services and products that may link to or from the Site.

Copyrights

The contents of this Site are owned by or licensed to NPR and are protected by U.S. and international copyright laws.  You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign or license, or use for commercial purposes, any copyrighted material on the Site without the prior written consent of NPR, except as provided in the next sentence.

Excluding the software available on the Site, as described in further detail below (the “Software”), you may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests NPR promotes or endorses your, or any third party’s, causes, ideas, websites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity.  Notwithstanding anything in these Terms of Use, all copying, downloading and other use of the Software is subject to the terms of the Software License Agreement, as described below.  No quotes from any material on the Site may be used in any media without attribution to NPR.  You may use the content, messaging system and other features of the Site only as expressly permitted in the relevant paragraphs below in these Terms of Use.  Any other use of NPR content requires prior written permission from NPR.

Trademarks and Service Marks

National Public Radio® and NPR® are service marks of NPR.  All rights reserved.  You may not use any NPR-provided service marks, logos, or graphics, without NPR’s prior written consent, except that you agree not to remove any services marks, logos, graphics, product identification, copyright notices, or other notices or proprietary restrictions included in, or required to be used in connection with, the Software and its documentation.

User Materials

Through the Contact Us page and other features of the Site, users may post, upload, transmit or otherwise submit (“Submit”) comments, messages and other information and materials, and make recommendations, on or through the Site (“User Materials”).  You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by NPR staff and, on the unrestricted areas of the Site, by the general public.

For any User Materials you Submit on or through the Site, you agree to abide by the “Rules for Using the Site” set forth below and these Terms of Use.  You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

NPR does not allow framing of the Site.

Links to the Site

NPR encourages and permits links to nonrestricted areas of the Site.  You may not, however, link to restricted areas of the Site (non-public areas accessible only to registered users), and any linking should not suggest that NPR promotes or endorses any third party’s causes, ideas, websites, products or services, or use NPR or NPR Labs content for inappropriate commercial purposes.  We reserve the right to withdraw permission for any link.  Notwithstanding the foregoing, you may not link to Software available on the Site or to any other areas of the Site that can be accessed only with an account and password.

Links to Third-Party Websites

The Site may contain links to sites, applications or services maintained by third parties, over which NPR has no control.  NPR does not endorse the content, operators, products, or services of such sites, and NPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites.  NPR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

Software

NPR makes available for download certain software on the Site (the “Software”).  All use of the Software is subject to the Software License Agreement.  To download any Software, you must agree to the Software License Agreement, which states the terms by which you are permitted to download and use the Software.  To be eligible to download or use the Software, you must be (i) an NPR member station, (ii) a station eligible, as determined by the Corporation for Public Broadcasting (“CPB”), to receive funding from CPB (“CPB-Qualified Station”), or (c) a station eligible, as determined by CPB, to enter into CPB’s Preferred iBiquity Agreement (“CPB License-Eligible Station”).

Accounts; Passwords

To download Software from the Site, to participate in NPR Labs Connect or to participate in certain other Site activities, you must register an account and establish a password.  Accounts will be issued only to representatives of (a) NPR Member Stations, (b) CPB-Qualified Stations, and/or (c) CPB License-Eligible Stations.  You are solely responsible for all activities that occur using your account, username or password.  You must maintain the confidentiality of your username and password, and you agree to immediately notify NPR of any unauthorized use of your account, username or password.  If you violate these Terms of Use or the terms of the Software License Agreement, or if you are no longer eligible to download or use the Software, NPR reserves the right to suspend or terminate your account immediately, with or without notice.  Upon termination, you will immediately cease using your account, username and password, and will immediately cease using, and will return or destroy, all copies of the Software.

Rules for Using the Site

By using the Site, including by registering on the Site, Submitting User Materials through the Contact Us page or other means, or by using any other features of the Site, you agree to the following rules:

1.    You must be at least 18 years old to Submit any User Materials or personally-identifying information on or through the Site.  If you are between the ages of 13 and 18, you may browse the Site or register for e-mail newsletters or other features of the Site with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials.  If you are under 13 years old, please do not send any information about yourself, including your name, address or e-mail address.  If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

2.    You may not Submit any User Material anonymously or under a false name or a false e-mail address.  You may not impersonate another user or provide any false information about yourself.

3.    The Site can only be used for personal, non-commercial purposes.  You cannot Submit any User Material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting.  You may not use the Site for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

4.    You may not Submit any software or other material that contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device.  You may not use the Site to distribute chain letters, mass mailings, “spam”, or duplicative or unsolicited messages in violation of applicable laws, or to gather user names or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Site.

5.    You may not interfere with or disrupt the integrity or performance of the Site or its related systems or networks, or use the Site in any way which degrades their reliability, speed or operation, or their underlying hardware or software.  You may not attempt to gain unauthorized access to the Site or its related systems or networks.

6.    You acknowledge that NPR has the right to limit or terminate your, or any other person’s, access to or registration on the Site for any reason, as determined in its sole discretion, including violation of the Rules for Using the Service or these Terms of Use.

Representations; Indemnity

You represent and warrant that if you Submit any User Material you are at least 18 years old and your use of the Site complies with these Terms of Use.  You agree that you will indemnify and hold harmless NPR, its member stations, and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Site, (3) the User Materials you have Submitted on or through the Site, or (4) NPR’s publication, distribution or use of such User Materials.

Disclaimer

THE SITE AND ANY CONTENT, INFORMATION, MATERIALS, ,SOFTWARE, FEATURES, SERVICES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NPR DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND NPR DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SOFTWARE OR ENDORSE, RECOMMEND OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, SOFTWARE, FEATURES, SERVICES OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE OR THROUGH LINKS ON THE SITE.  USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO THE USE THE SITE (B) RELATING TO ANY CONTENT, SOFTWARE, SERVICES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITE, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  IN NO EVENT WILL NPR, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change the Site and Restrict Use

NPR reserves the right to change, suspend or terminate the Site, any features of the Site, and any content or materials contained on the Site (including any Software available on the Site), in any way, at any time and for any reason or no reason.  NPR also has the right, in its sole discretion, to delete any or all of your User Material or block access to restricted areas of the Site, or to require you to cease accessing any features, content or materials of or on the Site, with or without notice, and without any liability to you, for failure to comply with NPR’s policies and procedures or with these Terms of Use.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

NPR respects the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to NPR’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright
  2. a description of the copyrighted work that you claim has been infringed
  3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material
  4. information so that we can contact you, such as address, telephone number and e-mail address
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed

If you believe that any content or materials you Submitted to the Site that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to NPR’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

  1. your physical or electronic signature
  2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement

NPR’s Copyright Agent can be reached as follows:

Michelle Shanahan
Copyright Agent
National Public Radio, Inc.
1111 North Capitol Street, NE
Washington, DC 20002
Phone: 202.513.2040
Fax: 202.513.3021
E-mail: ogcstaff@npr.org

Only DMCA notices should be sent to the Copyright Agent.  For other comments or questions regarding the Site, please contact NPR Labs through the contact page on the Site.

International Users

The Site is controlled and operated within the United States.  NPR makes no representation that content, materials, software or products available on or through the Site are appropriate or available for use outside of the United States.  If you access to the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

General

These Terms of Use, together with the NPR Labs Privacy Policy and Software License Agreement, represent the entire understanding of NPR and you regarding the use of the Site and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to use of the Site.  These Terms of Use are separate and distinct from the terms of use governing the sites, applications and services of NPR, its member stations, and the sites, applications and services that may link to or from the Site.  These Terms of Use shall be governed by and construed under District of Columbia law, without regard to its choice of law rules and, where applicable, the laws of the United States.  To the extent permitted by law, any disputes under these Terms of Use or relating to the Site shall be litigated in the local or federal courts located in the District of Columbia, and you hereby consent to personal jurisdiction and venue in the District of Columbia.  A modification or waiver of a portion of these Terms of Use shall not constitute a modification or waiver of any other part of the Terms of Use.  If for any reason any of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of these Terms of Use will continue in full force and effect.

Questions

If you have any questions or comments about these Terms of Use, please contact NPR by e-mail at nprlabs@npr.org or by phone at 202.513.2577.